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WAND v. Activision TV

WAND v. Activision TV

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-01892-UNA: WAND Corporation v. Activision TV Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l9us for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-01892-UNA: WAND Corporation v. Activision TV Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l9us for more info.

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Published by: PriorSmart on Nov 13, 2013
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11/13/2013

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
WAND CORPORATION, Civil Action No.
JURY TRIAL DEMANDED
Plaintiff,
v. ACTIVISION TV, INC.,
 Defendant.
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff WAND Corporation (“WAND”), for its Complaint against Defendant Activision TV, Inc. (“Activision TV”) alleges as follows:
INTRODUCTION
WAND brings this action to stop Activision TV’s efforts to frustrate its business by making unfounded allegations of infringement against WAND’s customers and potential customers, to the detriment and damage of WAND. Activision TV’s tactics include the filing of lawsuits in this judicial district against its customers and potential customers. Accordingly, WAND seeks a declaration from this Court that WAND’s digital signage solutions do not infringe and that Activision TV’s patents are invalid.
THE PARTIES
1.
 
WAND is a corporation organized under the laws of Minnesota, with a principal  place of business at 7593 Corporate Way, Eden Prairie, Minnesota, 55344. 2.
 
On information and belief, Activision TV is a corporation organized under the laws of Delaware with its principal place of business at 5400 Yahl Street, Suite D, Naples, Florida 34109.
 
-2-
JURISDICTION
3.
 
This action arises under the patent laws of the United States, 35 U.S.C. § 101
et seq
. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1338(a). 4.
 
This Court has general personal jurisdiction over Activision TV because upon information and belief, Activision is a corporation organized and existing under the laws of the State of Delaware. In addition, Activision TV has availed itself of judicial process in the State of Delaware by filing over two dozen lawsuits in the District of Delaware since 2012. 5.
 
Venue over this action is proper pursuant to provisions of 28 U.S.C. §§ 1391(b), 1391(c), and 1400. 6.
 
WAND seeks a declaratory judgment under the provisions of 28 U.S.C. § 2201.
FACTUAL ALLEGATIONS
7.
 
Founded over thirty years ago, WAND is a worldwide technology leader in the fast casual and quick service restaurant industries. WAND focuses on building innovative technology solutions to make its customers’ lives easier. WAND’s technology solutions include its revolutionary “Total Restaurant Management” solution, which integrates point-of-sale and  back office systems, digital signage, analytics, and management enterprise and support. WAND also offers digital signage solutions to its customers. 8.
 
Activision TV purports to be the assignee and owner of all right, title, and interest in and to U.S. Patent No. 8,330,613 (the “’613 Patent”), entitled “Remote Control Electronic Display System” with a listed issue date of December 11, 2012; and 2) U.S. Patent No. 7,369,058 (the “’058 Patent”), entitled “Remote Control Electronic Display System” with a listed issue date of May 6, 2008 (collectively the “Activision Patents”). A copy of the the ’613 Patent is attached hereto as Exhibit A. A copy of the ’058 Patent is attached hereto as Exhibit B.
 
-3- 9.
 
On or about August 23, 2013, Activision TV filed complaints against two of WAND’s customers, Così, Inc. and White Castle Management Co., in the District of Delaware alleging that these customers infringed the ’613 and ’058 Patents based on their alleged use of “digital signage products including but not limited to digital menu boards… .” These cases are docketed as
 Activision TV, Inc. v. Cosi, Inc.
, Case No. 1:13-cv-01471-SLR, and
 Activision TV,  Inc. v. White Castle Management Co.
, Case 1:13-cv-01472-SLR, respectively. 10.
 
On or about October 25, 2013, Activision TV filed complaints against Smashburger Master LLC, Wendy’s International Inc., and Arby’s Restaurant Group, Inc., alleging that these entities infringed the ’613 and ’058 Patents based on their alleged use of “WAND digital menu boards in [their] locations throughout the United States… .” These cases are docketed as
 Activision TV, Inc. v. Smashburger Master LLC 
, Case No. 1:13-cv-01757-SLR,
 Activision TV, Inc. v. Wendy’s International Inc.
, Case No. 1:13-cv-01758-SLR,
 Activision TV,  Inc. v. Arby’s Restaurant Group, Inc.,
Case No. 1:13-cv-01759-SLR, respectively. 11.
 
Based on the foregoing facts, a justiciable controversy has arisen and exists  between WAND and Activision TV concerning infringement of the Activision TV Patents by WAND’s digital signage solutions.
COUNT I DECLARATION OF NON-INFRINGEMENT
 
12.
 
WAND incorporates by reference herein all allegations set forth in ¶¶ 1-11 of this Complaint. 13.
 
An actual case or controversy exists between WAND and Activision TV with respect to the infringement of each of the ’613 and ’058 Patents, and the controversy is ripe for adjudication.

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